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Home Additional Citations for Democracy in the Dark: The notes generally use short forms for sources cited more than once within a chapter. The following is a list of citations that appear frequently and short forms used to reference those materials.

Penal CodeWest ; Conn. Laws 9; S.

Penal Code b West one-year reporting requirement, unless victim's allegation is corroborated by independent evidence that would be admissible at trial ; Ill. See infra notes and accompanying text.

Model Penal Code and Commentaries De Stefano, N.

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MacKinnon, Feminism Unmodified 5 "Sincefeminists have uncovered a vast amount of sexual abuse of women by men. Rape, battery, sexual harassment, sexual abuse of children, prostitution, and pornography, seen for the first time in their true scope and interconnectedness, form a distinctive pattern: Family violence is now much less sanctioned or ignored than in the past; it is becoming recognized as a serious problem that society must act on.

See Warren, S. It is known as Lord Hale's contractual theory. From Hale until there was no serious challenge to the spousal exemption. The "woman's rights movement" is the term that organized feminism used to describe itself in the second half of the nineteenth century and the name that I will employ in this Article.

That designation appeared as early as the announcement for the Seneca Falls Convention ofwhich marked the movement's start. Linda Gordon's groundbreaking work, which focuses on the s, dominates this aspect of the history of birth control.

Birth Control in America rev. As she observes, "[a] woman's right to refuse is clearly the fundamental condition of birth control. An important feature of Gordon's work is to explain why the feminist commitment in the s to "birth control" did not also take the form of advocating the use of contraceptive devices.

Feminism, Reproduction, and the Family, in Rethinking the Family: Some Feminist QuestionsBarrie Thorne ed. Reva Siegel's legal history of the nineteenth-century struggle over abortion also discusses sexual self-possession in marriage.

Siegel explains that "most frequently, [nineteenth-century feminists] attributed the incidence of abortion to marital rape," although "they also attributed abortion to the onerous work of motherhood, some even tracing it to the expropriation of women's domestic labor in marriage.

In addition, Siegel's reading of early woman's rights advocacy about household labor and wife beating describes how nineteenth-century feminists put forth an institutional critique of marriage that attempted to give gender-specific meaning to the liberal vision of self-ownership. In the process of this discussion of marital labor and marital violence, she observes that feminists would occasionally offer a simultaneous critique of marital rape in the same terms.

Siegel, however, does not disentangle the marital rape claim from claims about household labor and wife beating, explore its full dimensions, or trace its course. Siegel, Home as Work: Siegel, "The Rule of Love": The Feminist Reform of Sex and Society 90 2d ed.

These were the only means of birth control they could accept. Jane Larson's work on the history of rape reform also appears to operate on the premise that nineteenth-century feminists did not systematically challenge the law's treatment of marital rape.

She characterizes feminist efforts between and to raise the age-of-consent in statutory rape laws as "the first American women's rape reform initiative.

Concern over the slave woman's sexual victimization displaces the free woman's fear of confronting the sexual elements of her own bodily experience, either as a positive force or as a mechanism of oppression.

The prevalence of such fear is illustrated by the caution with which even the most radical feminist thinkers avoid public discussion of "woman's rights in marriage"; only in their private correspondence do the leaders of the woman's rights movement allude to sexual rights. Karen Sanchez-Eppler, Touching Liberty: Feminist-Abolitionists in America 65 "There was little argument about the grievance [sexual abuse in marriage], but timidity and prudishness made it difficult to discuss even privately, and feminists expressed widespread anxiety that it would frighten away potential supporters who could accept less controversial but much-needed reforms.

This was played down in public rhetoric, [however,] especially in the conservative postwar period when efforts at marriage reform virtually ended. Ellen DuBois takes a somewhat different tack. DuBois has done a tremendous amount of work uncovering the demands of the early woman's rights movement, and she briefly discusses some instances of public feminist advocacy for a woman's right to control her husband's sexual access.

Yet, ultimately, DuBois subsumes the sexual self-ownership claim within her argument that nineteenth-century feminists understood suffrage to be their most radical and important goal, and were willing to bypass questions of marital status in order to secure women's right to participate in the public sphere on gender-neutral terms.

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